DHARMESH ARVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocates waive service of notice of rule for the respective respondents.

(2.) By this application, under Sec. 482 of the code of Criminal Procedure, 1973 the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being, C.R. No.I-43 of 2018 registered with Karjan Police Station, Vadodara for the offence punishable under Ss. 406, 420, 120B read with Sec. 114 of the the Indian Penal Code and Sec. 63 of the Copyright Act.

(3.) Brief Facts of the case are that the complainant, engaged in land sale and purchase in Anand District, met Mitalbhai Chaganbhai Hirani (Accused No. 3), a land broker, who introduced him to Shailesh Babulal Bhatt (Accused No. 4). In 2013, Bhatt claimed administrative ties with Swami Narayan Mandir and convinced the complainant to invest in land in Jithardi village, Karjan taluka, owned by Anunpam Babulal Patel (Accused No. 1) and Naginbhai Ambalal Patel (Accused No. 2). Assured of clear titles, the complainant agreed to buy the land at Rs.231.00 per sq. foot, totaling Rs.20,81,28,690.00. A token payment of Rs.5,00,000.00 was made on June 9, 2013, followed by Rs.1,25,00,000.00 through cash and RTGS. An MoU was signed and notarized on June 19, 2013. Later, in 2013, Swami Narayan Sampraday members, along with Bhatt, visited the complainant's house and agreed to purchase the land at Rs.621.00 per sq. foot, paying a token of Rs.10,00,000.00. Further discussions led to an MoU at advocate Dharmeshbhai Patel's office in Surat. During title clearance, the complainant discovered prior agreements by Patel and Ambalal with others, which were canceled by July 17, 2013. Payments totaling Rs.13,07,50,000.00 were made to Patel and Ambalal. However, despite assurances, the sale deed was never executed. Instead, on February 12, 2015, Patel and Ambalal sold the land to Maheshbhai Manharbhai Patel and Nashirhussein Garasiya, who subsequently sold parts of it in 2015 and 2018. The complainant alleges a conspiracy among the accused to defraud him, causing a financial loss of Rs.13,75,69,920.00. The period of the offense is from June 12, 2013, to February 12, 2015.